A federal judge on Thursday upturned President Joe Biden’s migration policy aimed at helping undocumented spouses of US citizens obtain legal status, forcing an estimated half a million people who are eligible under the program to suffer a setback.
The ruling came just days after Trump won the presidential election and whose campaign promised to cracking down on illegal immigration.
The Biden’s “Keeping Families Together” policy, which had been previously suspended amid a court challenge, allowed certain undocumented immigrants married to US nationals to apply for permanent residency without leaving the country, as was previously required.
Judge J. Campbell Barker, of the Eastern District of Texas, who was nominated by Trump during his first White House term, ruled that federal agencies “lack statutory authority” for the program.
Biden announced “Keeping Families Together” in June at the height of his reelection bid, before dropping out of the race the next month.
On the campaign trail, Trump hammered Biden and his Democratic replacement, Vice President Kamala Harris, over a record spike in illegal border crossings in the past year.
A coalition of Republican-led states including Texas filed suit to block the program, arguing it would cost them millions of dollars in public services — including healthcare, education and law enforcement.
The program would apply to immigrants who have been in the country for at least 10 years and were married to a US citizen before June 17, 2024, and also apply to an estimated 50,000 stepchildren of US citizens.
Judge Barker temporarily halted the program in August, and then again after an appeals court lifted the stay.
Biden officials could appeal Barker’s ruling, but it is doubtful the incoming Trump administration would continue to defend it.
“Today’s decision is a deeply disappointing and unjust setback for the families who live every day under the weight of uncertainty,” said Harold A. Solis, co-legal director of Make The Road New York, an NGO supporting immigrants.
“‘Keeping Families Together’ and everything it represents — family unity, opportunity and stability — is our immigration system at its best. We must and will continue to support family unity despite today’s dangerous decision.”
